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Criminal Appeal No. 260 of 1983, heard on 10th December, 1984.
‑‑‑S. 3(2)‑‑Penal Code (XLV of 1860), S.161‑‑Prevention of Corruption Act (II of 1947), S.5(2)‑‑Special Judge, appointment of‑,‑Special Judge, who framed charge and recorded statement of complainant was not qualified to be appointed as a Special Judge (Anti‑Corruption) under S. 3(2) of Act, 1958‑‑Entire proceedings stood vitiated and case remanded for de novo trial.
Azeem Bakhsh v. State 1984 P Cr. L J 1107 fol.
Mehr Shaukat Ali for Appellant.
S.A. Afzal Hussain for the State.
Date of hearing: 10th December, 1984.
This Criminal Appeal arises from the judgment of Mr. Lutfu -Rehman Special Judge, Anti‑Corruption (Provincial) Lahore whereby he on 29‑5‑1983 convicted Ehsanullah Khan appellant under section 161, P.P.C. read with section 5(2) of the Prevention of Corruption Act, 1947 and sentenced to three months' R.I. and a fine of Rs.2,000 in default thereof further R.I. for one month. The appellant denied the charge and claimed to by tried.
2. The learned counsel submits that since Chaudhry Muhammad Islam who framed the charge on 11‑10‑1982 and recorded statement of the complainant on 19‑12‑1982 was not qualified to be appointed as a Special Judge under 'section 3(2) of Pakistan Criminal Law Amendment Act, 1958, therefore, the entire proceedings including the order of conviction stand vitiated. Learned counsel for the State has not controverted the learned counsel for the appellant.
3. I have considered the arguments advanced by the learned counsel for the parties with care. I find from the Punjab Gazette published only 23‑1‑1980 that Chaudhry Muhammad Islam the learned Special Judge who framed the charge and recorded the statement of the complainant was retired from service with immediate effect and as such fox the reason given in case Azeem Bakhsh v. State 1984 P Cr. L J 1107 he was not qualified to be appointed as a Special Judge Anti‑Corruption. That being the factual and legal position I am of the view that the entire proceedings stand vitiated and there is no option but to set aside the conviction and sentence of the appellant and send back the case to Special Judge Anti‑Corruption (Provincial) Lahore for de novo trial. Order accordingly.
M. A. K. Order accordingly.
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